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Photos taken of secret NBN documents

Documents seized in AFP raids on Labor offices in Melbourne and sealed under parliamentary privilege were photographed by an NBN Co employee.

An Australian Federal Police logo is seen in Geelong, Friday, Oct 3, 2014. (AAP Image/Julian Smith) NO ARCHIVING
An Australian Federal Police logo is seen in Geelong, Friday, Oct 3, 2014. (AAP Image/Julian Smith) NO ARCHIVING (AAP) Source: AAP

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Source: AAP


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An NBN Co employee who assisted Australian Federal Police in raids on Labor offices took photos of allegedly leaked documents now sealed under parliamentary privilege.

AAP understands the AFP instructed the staff member - who was asked to help identify sensitive documents - to take the photos, since destroyed, to send to other NBN Co employees.

"Our staff have followed and complied with instructions from the AFP at all times," NBN Co said in a statement on Friday.

The NBN staffer was enlisted as a "special constable" during Thursday's raids on Labor senator Stephen Conroy's office and the home of a staff member.

Police are investigating the leaking of confidential documents about the national broadband network after the matter was referred by NBN Co last December.

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Officers won't be able to examine the seized documents for a number of weeks, after the holders claimed parliamentary privilege.

It will be up to parliament to determine if the privilege does in fact apply and it will not sit again until after the July 2 election.

AFP commissioner Andrew Colvin has defended the timing of raids, which landed two weeks into a federal election campaign.

But Labor has labelled them unprecedented and extraordinary while questioning the integrity of Malcolm Turnbull - who had control over the project as communications minister before becoming prime minister.

Mr Turnbull hit back, accusing Labor of shamefully attacking the integrity of the AFP.

Deputy Prime Minister Barnaby Joyce later on Friday evening told Sky News the government "had nothing to do with it".

Mr Galbally and the AFP have been contacted for comment.

In a letter to the AFP and seen by AAP, Labor's lawyer Paul Galbally said he'd been advised the photos of the documents had been disseminated.

"This act was wrong and, amongst other things, clearly had the potential to undermine my clients' claim for privilege," the letter said.

Mr Galbally asks AFP Commander Paul Osborne for an explanation as to why the photos were sent out when a "clear claim for privilege had been made and acknowledged by officers present".

He also wants to know who authorised the staffer to take such action.

The letter outlines several issues resolved at a meeting between the lawyers and Mr Osborne on Friday including:

* The digital photos of documents have been downloaded to a USB to be held by the Senate Clerk (who also holds the seized documents until parliament resolves the privilege issue).

* That 32 photos of privilege documents taken on the NBN employee's mobile phone have been deleted.

* AFP's technical advisers have said the deleted images cannot be retrieved.

Mr Galbally also requests a list of all documents and items seized under the search warrant.


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